Freedom of association in the context of Democratic values

Democracy (from Ancient Greek: δημοκρατία, romanized: dēmokratía, from dēmos 'people' and krátos 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitive elections while more expansive or maximalist definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections.

In a direct democracy, the people have the direct authority to deliberate and decide legislation. In a representative democracy, the people choose governing officials through elections to do so. The definition of "the people" and the ways authority is shared among them or delegated by them have changed over time and at varying rates in different countries. Features of democracy often include freedom of assembly, association, personal property, freedom of religion and speech, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights.

Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to freedom of assembly is recognized as a human right, a political right and a civil liberty.

The terms freedom of assembly and freedom of association may be used to distinguish between the freedom to assemble in public places and the freedom to join an association. Freedom of assembly is often used in the context of the right to protest, while freedom of association is used in the context of labor rights. The Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association.

A voluntary group or union (also sometimes called a voluntary organization, common-interest association, association, or society) is a group of individuals who enter into an agreement, usually as volunteers, to form a body (or organization) to accomplish a purpose. Common examples include trade associations, trade unions, learned societies, professional associations, and environmental groups.

All such associations reflect freedom of association in ultimate terms (members may choose whether to join or leave), although membership is not necessarily voluntary in the sense that one's employment may effectively require it via occupational closure. For example, in order for particular associations to function effectively, they might need to be mandatory or at least strongly encouraged, as is true of trade unions. Because of this, some people prefer the term common-interest association to describe groups which form out of a common interest, although this term is not widely used or understood.

The right to protest may be a manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech. Additionally, protest and restrictions on protest have lasted as long as governments have.

Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".

Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.

Section 1 of the Charter permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the Charter.

Libertarianism (from French: libertaire, lit. 'libertarian'; or from Latin: libertas, lit. 'freedom') is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the non-aggression principle, according to which each individual has the right to live as they choose, as long as they do not violate the rights of others by initiating force or fraud against them.

Libertarianism has been broadly shaped by liberal ideas. Libertarians advocate the expansion of individual autonomy and political self-determination, emphasizing the principles of equality before the law and the protection of civil rights, including the rights to freedom of association, freedom of speech, freedom of thought and freedom of choice. They generally support individual liberty and oppose authority, state power, warfare, militarism and nationalism, but some libertarians diverge on the scope and nature of their opposition to existing economic and political systems.

The Constitutional Act of the Realm of Denmark (Danish: Danmarks Riges Grundlov), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution (Danish: Grundloven, Faroese: Grundlógin, Greenlandic: Tunngaviusumik inatsit), is the constitution of the Kingdom of Denmark, applying equally in the Realm of Denmark: Denmark proper, Greenland and the Faroe Islands. The first democratic constitution was adopted in 1849, replacing the 1665 absolutist constitution. The current constitution is from 1953. The Constitutional Act has been changed a few times. The wording is general enough to still apply today.

The constitution defines Denmark as a constitutional monarchy, governed through a parliamentary system. It creates separations of power between the Folketing, which enact laws, the government, which implements them, and the courts, which makes judgment about them. In addition it gives a number of fundamental rights to people in Denmark, including freedom of speech, freedom of religion, freedom of association, and freedom of assembly. The constitution applies to all persons in Denmark, not just Danish citizens.

An unfair election identifies when an election is not free and fair. Unfair elections violate one or more of the characteristics of free and fair elections. A free and fair election has the following characteristics:

• Equal voting rights, without unreasonable restrictions
• Freedom of association for political groups and right to be a candidate
• Parity of resources among political groups to persuade
• An informed debate, with equal opportunity to express a view (political freedom of press)
• The government's power is not unduly curtailed by the constitution or international agreements
• The elected government can take legislative action to enact its promises
• Electoral Commission that ensures a free and fair election
• Voting system that comes close to ensuring all votes count equally

Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in the relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.

The Gotha Program (German: Gothaer Programm) was the party platform adopted by what would become the Social Democratic Party of Germany (SPD) at its initial conference, held in the city of Gotha from 22 to 27 May 1875. Written by Wilhelm Liebknecht, the program was the result of a compromise between the two founding factions of the party: the Marxist-influenced Social Democratic Workers' Party (SDAP), known as the "Eisenachers", and the General German Workers' Association (ADAV), founded by Ferdinand Lassalle.

The program called for universal suffrage, freedom of association, limits on the working day, and other laws protecting the rights and health of workers. While its immediate demands were radically democratic for the time, the Gotha Program was strongly influenced by Lassalleanism, declaring the party's intention to pursue its goals "by every legal means" and calling for the establishment of state-aided producer co-operatives.

"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society ... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the restrictions on Articles 8–11 have been described as "vast limitations", in contrast to American law which recognizes nearly unlimited right to freedom of speech under the First Amendment.

The right to public participation is a human right enshrined by some international and national legal systems that protects public participation in certain decision making processes. Article 21 of the Universal Declaration of Human Rights states the right of every person to participate in the affairs of his country, either directly or by selecting representatives. Likewise, the right to political participation means the right under which the ruling authority is committed to providing rights to citizens, including the right to nominate and elect representatives, to hold public office in accordance with the principle of equal opportunities, to participate in private and public meetings, and the right to form and join political parties. Article 25 of the International Covenant on Civil and Political Rights makes a similar declaration about the right to participate in the management of public affairs and in periodic elections.

In some jurisdictions, the right to public participation is enshrined by law. The right to public participation may also be conceived of as human right, or as manifestation of the right to freedom of association and freedom of assembly. As such the Netherlands, Germany, Denmark and Sweden, have public participation and freedom of information provisions in their legal systems since before the Middle Ages. Democracy and public participation are closely connected democratic societies have incorporated public participation rights into their laws for centuries. For example, in the US the right to petition has been part of the First Amendment of the US constitution since 1791. More recently, since the 1970s in New Zealand numerous laws (e.g.: health, local government, environmental management) require government officials to "consult" those affected by a matter and take their views into consideration when making decisions.

The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The headquarters of the Council are at the United Nations Office at Geneva in Switzerland.

The Council investigates allegations of breaches of human rights in United Nations member states and addresses thematic human rights issues like freedom of association and assembly, freedom of expression, freedom of belief and religion, women's rights, LGBT rights, and the rights of racial and ethnic minorities.